He may know his drugs, but Scott Gottlieb knows nothing about cosmetic marketing. The former Food and Drug Administration Commissioner said Thursday that Rite Aid is likely to run into regulatory trouble with its decision to begin selling cannabidiol cosmetic products. Rite Aid had announced Thursday that it planned to sell CBD in creams, lotions, and lip balms this month in 200 stores across Washington and Oregon. The chain will not file drug claims and instead call their products cosmetics.

“It’s hard to understand how they’re going to sell it as a cosmetic without making drug claims around those products,” Gottlieb said on CNBC’s Power Lunch. “If they’re making drug-like claims that it helps treat pain or other things, they’re probably going to trip over a federal regulatory line pretty quickly."

Obviously, Gottlieb has never spun straw into gold; i.e., worked on cosmetic claims. If companies don't make any claims centered on CBD, then products can't be misconstrued as drugs.